Practicing Law With a Passion for the Rights of the Individual

Case:
Shelley vs. Alterra Healthcare Corporation
Plaintiff:
Defendant:
Date:
Sep 12, 2002
Amount:
Location:
Florida
Alleged Injuries:
Neglect by facility leading to fall, leg amputation, death
Description:

Attorneys from Wilkes & McHugh, P.A. represented the estate of Frances Shelley who was found hanging upside down from the footboard area of her bed, with her head swollen, and her leg caught in the bed rail or footboard of the bed, a position she had been left in for six to eight hours. During the course of those hours, she sustained trauma and excoriation to her left leg, the circulation to her left leg was significantly impaired, and she sustained extensive nerve damage to her left leg.

In this unanimous landmark decision, the Florida Supreme Court found that an employer does not have standing to challenge a discovery request based exclusively upon the privacy interest of its employees in their personnel files. In a concurring opinion, Justice Pariente wrote " The question becomes whom was the nursing home protecting when it raised a privacy objection to information in its personnel files."